IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 15106 OF 2022
PETITIONER:
VIJAYAMMA,
AGED 63 YEARS,
W/O. BHASKARA PANICKER,
ALEKUNNEL HOUSE,
AKALAKKUNNAM,
KOTTAYAM - 686 564.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
REHNA N.S.
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE,
KOTTAYAM - KUMILY RD,
KOTTAYAM - 686002.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
SECOND FLOOR,
MINI CIVIL STATION,
UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM - 686001.
3 THE TAHSILDAR,
KOTTAYAM TALUK OFFICE,
FIRST FLOOR, MINI CIVIL STATION,
UNION CLUB ROAD,
PUTHENANGADY,
KOTTAYAM - 686001.
4 THE VILLAGE OFFICER,
AKALAKKUNNAM VILLAGE OFFICE,
POOVATHILAPPU,
MANALUNKAL P.O.,
KOTTAYAM - 686 503.
WP(C)No.15106/2022
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5 THE AGRICULTURAL OFFICER,
AKALAKKUNNAM KRISHI BHAVAN,
POOVATHILAPPU,
MANALUNKAL P.O.,
KOTTAYAM - 686 503.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.15106/2022
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JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who is in possession of 3.24 Ares of land in Akalakkunnam Village of Kottayam Taluk, has approached this Court seeking to direct the 2 nd respondent to consider and pass orders on Ext.P3 application within a time frame fixed by this Court.
2. The petitioner states that she is the owner of 3.24 Ares of land comprised in Survey No.267/11 in Block No.044 of Akalakkunnam Village, Kottayam Taluk of Kottayam District. The petitioner submits that her property is Garden Land. However, the land is described as Paddy Land in Revenue records. The land is also included in the Land Data Bank prepared under the provisions of the WP(C)No.15106/2022 4 Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder. The petitioner, therefore, submitted Ext.P3 application to remove her land from the Data Bank, invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner seeks appropriate direction to the 2 nd respondent for early disposal of Ext.P3.
3. The learned Government Pleader entered appearance and resisted the writ petition. The learned Government Pleader pointed out that in Ext.P3, an extent of land under Survey No.267/11 is recorded as 3.24 Ares whereas in Ext.P2 Data Bank, an extent of land in Survey No.267/11 is 14.98 Ares. This requires an explanation, contended the learned Government Pleader.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
WP(C)No.15106/2022 5
5. If there is any misdescription of land, Survey numbers, etc. in Ext.P3, it is for the 2nd respondent to call for explanation regarding that. As far as the petitioner is concerned, she has submitted Ext.P3 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P3 being a statutory application, the 2nd respondent is bound to consider the same and pass orders thereon within a reasonable time.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 application, if it is received and complete in all respects, with all supporting documents. A decision on Ext.P3 shall be taken within a period of three months.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.15106/2022 6 APPENDIX OF WP(C) 15106/2022 PETITIONER's EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 14.8.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF AKALAKKUNNAM GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 24.2.2022.
Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 25.2.2022. SR